EKnowledge

California Private Equity Firm Sues to Control All Students' Access to College!!!

In Short: The ACT was bought by a for-profit company last April. This company then sued eKnowledge, claiming that our use of publicly released test questions was unfair. Our demand: maintain public access. We demand that the SAT and ACT exam questions continue to be freely available for educational purposes as they have been historically. See why this matters SO MUCH to you, your children, and our nation as a whole:

Overview

Since their inception, both the SAT (1899) and ACT (1959) have been public interest, nonprofit organizations focused on the public mission of creating fair standardized testing for access to higher education. That abruptly ended in April 2024 when a multi-billion-dollar private equity conglomerate (Nexus Capital) took over the ACT exam and immediately filed a federal lawsuit to exert monopoly control by stopping students, parents, teachers, and schools from having access to ANY viable ACT prep—that isn't theirs (Nexus Capital's).

But the ACT isn't just an exam; it's a critical pathway for millions of students seeking equal access to opportunities created by higher education, and everyone should have the right to prepare for the ACT how THEY choose—not how a private equity firm dictates.

Please join the fight by signing our petition (change.org/KeepACT4All) to keep ACT prep open and accessible and to ensure that ALL students retain fair and equal access to prep materials for the ACT exam and to compete for publicly funded scholarships based on their ACT scores.

Who We Are

My name is Scott Hildebrandt, JD, MPA. For the past 20 years, I've dedicated myself to leveling the playing field by providing free and low-cost SAT and ACT prep to over 300,000 students—mostly military and homeschool families.

This mission is deeply personal for me. My father was a Lt. Col. fighter pilot in the US Air force, who was the first in his family to attend college. I grew up hearing stories of his humble beginnings where his father was a sharecropper who raised his family without electricity, and how my dad and his siblings often picked dandelions from the yard for food. My family is living proof how a college education for a single person can change EVERYTHING generationally!

Driven by this understanding, I've personally funded these programs believing that every student, regardless of their background or their parent’s financial circumstances, deserves a fair shot at higher education. This isn't just about test prep; it's about ensuring opportunity for all.

The Impact

Independent data collected over three years from public schools confirms that our programs have helped ALL students from across the learning spectrum improve their ACT scores by an average of 4 points, with many improving 10 to 13 points (out of total possible 36).

We've been honored to have the support of the National Federation of State High School Associations (NFHS) as our national sponsor for over 15 years. This 100-year-old nonprofit represents over 12 million students and 19,000 schools, underscoring the trust and value placed in our mission.

Now Nexus Capital is suing to control how schools, teachers, parents, and students prepare for the ACT. We stand in their way. If Nexus Capital succeeds, we're not just losing a fight for better test prep; we're losing the battle for an education system that values and supports every student's potential, regardless of their background or financial situation. This is a fight to safeguard the future of equal educational access.

Your signature on our petition isn't just a gesture; it's a statement that you believe in an education system where every student, regardless of background or financial status, should have access to the tools they need to succeed.

Please sign the petition and join the fight.

Sincerely,

Scott Hildebrandt, JD MPA

The National College Test Prep Foundation, CEO

To learn more, visit www.ACTlawsuit.org

www.eKnowledge.com/NFHS



Issue Details

Everyone is familiar with the two college entrance exams: the SAT and ACT. But what might not be widely known is that both have historically operated as public interest, not-for-profit entities since 1899 (SAT) and 1959 (ACT). These tests were used by the U.S. public education system to provide a standardized method for colleges and universities to evenly evaluate students from across the nation.

The Pact

Over the years, state public education systems have provided billions of tax dollars by exclusively buying the SAT and ACT exams, and these public interest organizations fulfilled their public mission of creating the tests and then releasing retired exam questions into the public domain. This allows fair and equal access so anyone can analyze and use these questions to prepare students. This practice ensures fairness and accessibility for all.

For 175 years combined, public funds have supported the creation of the SAT and ACT exams, and both organizations have freely released their retired questions to the public domain. Schools, teachers, NFP, and organizations have used the questions to create viable ACT prep to benefit students.

The Pact is Broken

However, in April 2024, Nexus Capital, a multi-billion-dollar California private equity firm, acquired the ACT exam. They immediately filed a federal lawsuit aimed at stopping others from using the previously retired ACT questions that were funded in large part by tax dollars, and that had been in the public domain for many decades. Nexus Capital is seeking to monopolize control over BOTH the ACT exam AND how students prepare for it. This will give a single private equity firm control over who prepares, how they prepare, and potentially who gets accepted into public colleges. Maybe even more important than controlling acceptance, Nexus Capital would control who benefits from publicly funded scholarships.

Nightmare Outcome

If Nexus Capital succeeds, it will not only stop us from supporting hundreds of thousands of new military and homeschool families and students, but here’s what else is at stake:

Broad Impact on Students: The consequences would ripple out to affect all students, particularly hitting hard on non-traditional learners, military members, homeschoolers, and those from financially disadvantaged backgrounds. In the past, the ACT has been a beacon of hope, an equalizer in the college admission process.
Financial Barriers: Without access to free or low-cost preparation materials, families unable to afford the $2,000-$5,000 for private tutoring would find themselves at a significant disadvantage. This isn't just about money; it's about stripping away opportunities for those who need them the most.
Monopoly on Education: Nexus Capital's control will eliminate competition, leaving parents, teachers, and schools with no choice but to accept Nexus Capital's offerings at whatever price they set. This monopolistic grip will stifle innovation in test preparation and limit educational choices, reducing the quality and accessibility of education for many.
Precedent for the SAT: This move by Nexus Capital will open the path for a similar takeover of the SAT, establishing a privatized outcome where standardized testing, meant to democratize access to higher education, becomes another tool for profit, widening the gap between the haves and have-nots.

Legal and Educational Perspectives

Despite Nexus Capital's vast legal resources, they are on shaky legal ground and are ethically wrong. A respected IP attorney and professor, Bryan Wheelock, independently reviewed the case and concluded that ACT/Nexus's position is meritless. Click here to read his analysis

Our Demand:

Maintain Public Access: We demand that the SAT and ACT exam questions continue to be freely available for educational purposes as they have been historically.

Join Us:

By signing our petition (change.org/KeepACT4All), you are voicing your support to keep ACT prep open and accessible, ensuring ALL students retain a fair and equal access to prep materials for the ACT exam and to compete for publicly funded scholarships based on their ACT scores.

Amplify Your Voice

We will present this petition to every member of the U.S. House and Senate, as well as to every state education board. This is your chance to make your voice heard and protect equal educational access!

If you would like to connect with me or if you have ideas how you could help beyond signing this petition, please reach out to me: [email protected]

For more information about the case see www.ACTlawsuit.org

2 Questions!!! 1. When is/was your first day back at school? And 2. How do you feel about it? We hope you learn a ton this year!

Trick question...maybe?... Is your education only a good investment because it can get you more money in the future?

Estimated time: 12-15 minutes.
Good luck!

Hey Parents (and anyone else who has taken the ACT)—
which test section do YOU use most in your current everyday life? Answer in the comments below!
Alternatively, if you only took the SAT, let us know whether "Reading and Writing" or "Math" plays a bigger role for you today.

However you celebrate, we hope you enjoy time with friends, family, and the freedoms we love. Comment below with the freedom you're most grateful for—and for bonus points (1776 of them, to be precise!), add how you've seen that freedom bless others. Happy 4th of July!

Mystery riddle time! See if you can catch the culprit, and let us know in the comments once you've got it—and share what you learned! Enjoy!